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Leslie Byrne for Congress « 11216 Waptes Mill Road, Suite *100 TUB " Fairfax, VA 22030

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Leslie Byrne for Congress « 11216 Waptes Mill Road, Suite *100 TUB Leslie Byrne for Congress « 11216 Waptes Mill Road, Suite *100 TUB " Fairfax, VA 22030 In the Matter oft Robert A. Rosenberg Scientific ApplicatioApplicationns International Corporation (SAIC) || Connolly for Congress COMPLAINT > S = SS3 1. Leslie Byrne for Congress hereby brings this complaint before the Federal Election Gornpjsslon* g seeking an immediate FEC investigation and enforcement action against Robert Rosenberg, Scientific Applications International Corporation ("SAIC"), Gerry Connolly and Connolly for Congress for direct and serious violations of federal campaignfinanc e law. Complainant 2. Leslie Byrne for Congress is the official organization dedicated to electing Leslie L Byrne of Falls Church, Virginia to the United States House of Representatives from the 11* District of Virginia. 3. SAIC is a defense contractor based in San Diego, California and McLean, Virginia. Robert A. Rosenberg Is the former general manager for Washington Operations for SAIC 4. Connolly for Congress Is the official organization dedicated to electing Gerald E. Connolly of Fairfax, Virginia, a vice-president and Director of Community Relations of SAIC, to the United State House of Representatives from the II111 District of Virginia. Jurisdiction 5. The Commission has the authority to take enforcement action based on a complaint where It finds reason to believe that a person "has committed, or is about to commit, a violation of the law." 2 U.S.C. § 437g(a)(2), 437g(a)(4)(A)(l), 437g(a)(6XA); see also 11 C.F.R. § 111.4<a) ('Any person who believes that a violation -. has occurred or Is about to occur may file a complaint..*) Based on Information and belief, Robert A. Rosenberg, SAIC, and Connolly for Congress have committed violations of the law by directing SAIC employees to make a contribution, coercing said employees and neglecting to Inform SAIC employees of their right to refuse to make political contributions without consequence. Furthermore, they have violated the law by communicating SAICs endorsement to those beyond Its restricted class and deliberately concealing that action. 6. On May 14,2008, Robert ItosenbtrgscmanennMil1 from his SAICacgount addressed to his e- mall Hst entitled "Rosenberg, Robert A"; carton copied to Amy S.ChHden, assistant vice president and Director of Policy and Political Programs for SAIQ and Jay Wlleen, Senior Vte President for Government Affairs for SMQ and bHnd carboii^opled to an ino>termlnate rwrnfaer of SAIC e-mail accounts assigned to employees of the corporation's McLean office. The subject heading of thb e-mafl VMS "Gerry Connolly." In It Itosenberg asked the recipients to consider supporting "one of our own, Gerry GonnoRyf dted Connolr/s employment with SAIC, his close understanding of the defense Industry, and the need to replace retiring Representative Tom Davis with another "good friend to SAIQ" and invited the recipients to a fundraiser hosted by the Professional Services Council on Connolly's behalf on Wednesday, May 21,2008. Itosenberg listed the suggested contribution for this event as tvra hundred fifty dollars ($250) and asked recipients to consider supporting Connolly separately In the event that they could not attend. 7. Aft no point In the e-mail did Rosenberg, a consultant employee and self-described "semi- retired" executive at SAIC, state that recipients had the right to decHne to contribute without fear of punishment by the company. The term "consultant employee" was provided to the press by SAICs representative and dearly establishes Mr. Rosenberg remains an employee under the law of SAIC In fact Mr. Rosenberg refers to himself as the "Mayor of SAIC" further establishing his continued power at SAIC. 8. Multiple SAIC employees attended the May 21,2008 fundraiser, and raised at least $2,700 from SAIC employees on that date for Connolly. They have subsequently disclosed a further $1,000 from SAIC employees in 48-hour reports. Count I 9. FECA prohibits corporations from making any contribution or expenditure in connection with any federal election. 2 U.S.C. $441b (a), 11 CF.R. §114.2(a)»FEC regulations further prohibit corporations, including officers, directors or other representatives acting as agents of the corporation from facilitating the making of the contributions to federal candidates. 11 CF.R. §114.2(f)(l). Examples include using coercion, such as the threat of detrimental Job action, the threat of any other financial reprisal or the threat of force, to urge any individual to make a contribution or engage In fundraislng activities on behalf of a candidate or political committee. 11 C.F.R. §114.2{f) (2) (IV). Furthermore, federal election regulations render it unlawful for any person soliciting an employee tor a contribution to such a fund to fail to Inform such employee, at the time of such solicitation, of his right to refuse to so contribute without any reprisal. Said notification must be explicit no matter the nature of the request for contributions. 2 U.S.C. §441b (b) (3) (C). Under 11CFR § 114.2(d), a candidate, political committee, or other person Is prohibited from knowingly accepting or receiving any contribution prohibited by 11 CF.R. §114.2. 1 The 5/14/08 e-mail is attached as Exhibit One. 10. A. As • former senior executive of the company who is still employed arid apparently still has management responsibilities, contacting professional relations and making specific reference to the benefits that such donations would have lor SAIC, while carton copying two senior executives hi Amy ChlMers and Jay Kllleen and making specific reference to another senior executive In Roger Jordan, Robert Rosenberg apparently violated 2 US.C §441(b) (a) and) 11 C.F.R.fllL2(a). B. In addition Mr. Rosenberg Instructed those who wrote to that should they have any questions they could contact him or contact SAICs PAC Any reasonable employee would have concluded that Mr. Rosenberg's e-mail was a directive from SAIC to donate to the Connolly for Congress campaign and that It was clearly supported by the SAC PAC. C There was no dear statement that there would be no detrimental action taken against those who chose not to contribute, as required by 2 U.S.C §441b (b) (3) (Q and triggering 11 CF.R. §114 J(f) (2) (IV). In addition, the SAIC employee who hand delivered the emafl to the Byrne campaign was sufficiently frightened of retaliation that the employee refused to leave a name. Clearly this email was not aimed simply at the protected dass and went to people who felt threatened to contribute to Mr. Connolly's campaign. 11. On information and belief, Rosenberg violated these regulations on the urging of and with the cooperation of Connolly for Congress. According to published reports in the Washington Post on May 29,2008 ('E-mail Backing Connolly Raises Questions") ,GeraW Connolly admitted that he was aware of Robert Rosenberg's Intention to organize SAIC employees on behalf of the campaign and accepted donations from SAIC employees at the May 21,2008 fundraiser regardless, In violation of 11CFR § 114.2(d) and • possible violation of 11CFR §ll4(c)(6XII).2 We believe Mr. Connolly's actions must also be Investigated because of his admission that he was aware the Illegal activities were to take place and personally sanctioned these efforts without ensuring compliance with the law. Count II 12. Federal election regulations allow a corporation to communicate beyond the restricted dass as defined by 11 CFR §114.10) through the distribution of registration and voting communications, official registration and voting information, voting records and voter guides. If they endorse, they may do so through the distribution of printed materials to members of their restricted dass provided that no more than a de mlnimis number of copies of the publication which Includes the endorsement are circulated beyond the restricted class. 11 CFR § 114.4(c)(l-€). 13. On Information and belief, Robert Rosenberg and SAIC disseminated an explicit communication of endorsement beyond those members of the restricted dass In dear violation of 11 CFR § 114.4(cHl-6). Mr. Rosenberg sent out this e-mail to most of Its recipients via blind carton copy. There is reason to suspect that he did so in an effort to avoid the identification of redpfents who The May 29,2008 Washington Post article Is attached as Exhibit Two. are not members of the restricted dass under 11CFR §114.10) and who he was thus barred from contactingi WHEREFORE, LesBe Byrne for Congress requests that the Federal Election Commission conduct an Investigation into these alegatloni, dedans the respondents to have violated the federal campaign finance laws, impose sanctions appropriate to these violations and take such further action as may be appropriate, Including dlsgorgement of unlawful contributions to Connolly for Congress as resulted from the May 21,2008 fundraiser. in Bruce Neibon Treasurer, Byrne for Congress •M Subscribed and sworn to before me this o My commission expires on oc- iry or Other Notary ID ff Person Authorized to Administer Oaths «=f «3 C CO Page lot 2 Sent: Wedneaday,May14,200e4:4fiPM Cc ChMara, Amy S.; Klein. Jay Subject Gerry Connoly 14 May 2008 Dear Fellow SAIC Teammates: As your former Natkaial Capitol Region (fe^ doing rmeuiaiikyou)JiiuM the rre^ gpqrt ^ImW^i^i •ti^ pjyid •HAi *^ > __ I •h-wntbag'to you, today to eikflBtt you COBBMT MfpovtiBf eie ei ew ewig Gcny CooBNyt • pvet leraeri n hfebld to Qi-epnamrt path SAIC nd the rMJd^rtirfVlnNa^ll^dirtrktiatiMUSHoM^ofRaprfiiiBNHffii. Imiraadiinf outto oo you to teU you man abom Gej^'s canq^gn, to ^ f\i to bnng your ittcntion to m opportunity to he^p Gcny in hii election. Gcny joined in when I wi» your Gcnenl Manager, fin been wifh SAIC fior over nx yean and cuirentlyMrverM the Director of Conimimity ReJatioaa in McLean.
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